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ATASCADERO FACTORY OUTLETS, INC. v. A & W

No. B138534.

99 Cal.Rptr.2d 911 (2000)

83 Cal.App.4th 717

ATASCADERO FACTORY OUTLETS, INC., Plaintiff, v. AUGUSTINI & WHEELER LLP, Defendant and Appellant; Santa Lucia National Bank et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

Review Denied December 20, 2000.

Attorney(s) appearing for the Case

Augustini & Wheeler, Alfred E. Augustini, David C. Wheeler, Los Angeles, and Jacquetta M. Bardacos, in Pro. Per., Appellant.

Law Offices of Robert M. Jones, Robert M. Jones, Atascadero, for Santa Lucia National Bank, Respondent.

Pricer, Postel & Parma, J. Terry Schwartz and Christopher E. Haskell, Santa Barbara, for Wallace Moir Company, Respondent.

YEGAN, J.

Augustini & Wheeler LLP (A & W) appeals from a judgment in interpleader, entered after the trial court found that its lien for attorney fees was subordinate to the claims of two secured creditors. The trial court concluded that the doctrine of unjust enrichment, a recognized exception to the Uniform Commercial Code lien priority system, did not apply. (See Knox v. Phoenix Leasing Inc. (1994) 29 Cal.App.4th 1357

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